September 4, 1996
DAR OPINION NO. 75-96
ATTY . AGUSTIN V . VELANTE
217 Federation Center
M. De Binondo, Manila
Dear Atty. Velante:
This has reference to your letter seeking clarification as to the veracity of the news item published in Philippine Daily Inquirer which allegedly suspend the implementation of Comprehensive Agrarian Reform Law (CARL) on agricultural lands with an area of 50 hectares or less.
As far as the Department of Agrarian Reform is concerned, there are no orders, circulars and other issuances officially issued by the DAR to that effect, which suspend the implementation of CARL on landholdings with an area of 50 hectares or less. Section 7 of R.A. 6657 (otherwise known as the Comprehensive Agrarian Reform Law or CARL) expressly provides that landholding with an area above twenty-four (24) hectares up to fifty (50) hectares, belongs to phase three which shall be acquired and distribute to qualified-beneficiaries, which shall begin on the fourth (4th) year from the effectivity of the CARL (15 June 1988) and to be completed within three (3) years. The schedule of acquisition and redistribution of all agricultural lands in accordance with the order of priority as set by law should take its course taking into consideration the following: the need to distribute lands to the tillers at the earliest practicable time; the need to enhance agricultural productivity; and the availability of funds and resources to implement and support the program.
Probably, what comes to your mind after reading the news item published in the Philippine Daily Inquirer was Memorandum Circular No. 27, Series of 1995, which suspended the implementation of R.A. 7881 and its implementing rule, Administrative Order No. 3, Series of 1995, per Supreme Court Resolution dated November 13, 1995. The implementation of R.A. 7881, specifically Sections 1, 2 and 3 thereof and A.O. 3, Series of 1995 insofar as they exempt fishponds and prawn farms from the coverage of CARL was suspended by the Supreme Court. The suspension of its implementation was prompted in view of the Petition for Certiorari and Prohibition with application for Temporary Restraining Order and/or Preliminary Injunction filed by Sentro Para sa Tunay na Repormang Agraryo (SENTRA) against the Secretary of Agrarian Reform (G.R. 122170). To date, the suspension stands until lifted by the Supreme Court.
In the light of the foregoing, the implementation of CARL is never suspended as it is mandated by R.A. 6657 to hasten the acquisition and distribution of agricultural lands to qualified farmer-beneficiaries for them to cultivate and make the land productive. The implementation of CARL can never be suspended, otherwise, it would derail the implementation of the said law.
We hope to have clarified matters with you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Municipal Agrarian Reform Officer
Mamburao, Occidental Mindoro